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MINUTES

 

SENATE COMMITTEE ON HEALTH & HUMAN SERVICES

Tuesday, March 27, 2007

11:00 a.m. or upon adjournment

Senate Chamber

 

*****

 

 

 

Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Health & Human Services was held on Tuesday, March 27, 2007, in the Senate Chamber at Austin, Texas.

 

*****

 

MEMBERS PRESENT:                                                      MEMBERS ABSENT:

Senator Jane Nelson                                                               

Senator Bob Deuell

Senator Kyle Janek

Senator Robert Nichols

Senator Dan Patrick

Senator Eliot Shapleigh

Senator Carlos Uresti

Senator Royce West

Senator Judith Zaffirini

 

*****

 

The Chair called the meeting to order at 2:13 p.m.  The following business was transacted: 

 

The Chair laid out Senate Bill 943 and recognized the author, Senator Janek, to explain the bill. 

 

The Chair opened the floor to public testimony.  Witnesses testifying and registering on the bill are shown on the attached list.  

 

Senator Janek sent up a committee substitute; the Chair recognized Senator Janek to explain the difference between the committee substitute and the bill as filed. 

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 943 was left pending.

 

The Chair laid out Senate Bill 810 and recognized the author, Senator Janek, to explain the bill. 

 

Senator Janek sent up a committee substitute; the Chair recognized Senator Janek to explain the difference between the committee substitute and the bill as filed. 

 

The Chair opened the floor to public testimony.  Witnesses testifying and registering on the bill are shown on the attached list.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

At 2:58 p.m., a quorum was established.

 

Senator Janek moved adoption of the committee substitute; without objection, it was so ordered.

 

Senate Bill 810 was left pending.

 

The Chair laid out Senate Bill 809 and recognized the author, Senator Janek, to explain the bill. 

 

The Chair opened the floor to public testimony.  Witnesses testifying and registering on the bill are shown on the attached list.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 809 was left pending.

 

At 3:14 p.m., Senator Shapleigh assumed the Chair.

 

The Chair laid out Senate Bill 1187 and recognized the author, Senator Nelson, to explain the bill.  

 

Senator Nelson sent up a committee substitute; the Chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. 

 

Senator Nelson sent up Committee Amendment 1 and explained the amendment.

 

The Chair opened the floor to public testimony.  Witnesses registering on the bill are shown on the attached list.  

 

With no witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 1187 was left pending.

 

The Chair laid out Senate Bill 1696 and recognized the author, Senator Nelson, to explain the bill.  

 

Senator Nelson sent up a committee substitute; the Chair recognized Senator Nelson to explain the difference between the committee substitute and the bill as filed. 

 

The Chair opened the floor to public testimony.  Witnesses testifying and registering on the bill are shown on the attached list.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 1696 was left pending.

 

The Chair laid out Senate Bill 1734 and recognized the author, Senator Nelson, to explain the bill.  

 

Senator Nelson sent up Committee Amendment 1 and explained the amendment.

 

The Chair opened the floor to public testimony.  Witnesses registering on the bill are shown on the attached list.  

 

With no witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 1734 was left pending.

 

At 3:24 p.m., Senator Nelson resumed the Chair.

 

The Chair laid out Senate Bill 871 and recognized the author, Senator Uresti, to explain the bill.  

 

Senator Uresti sent up a committee substitute; the Chair recognized Senator Uresti to explain the difference between the committee substitute and the bill as filed. 

 

The Chair opened the floor to public testimony.  Witnesses testifying and registering on the bill are shown on the attached list.  

 

With no further witnesses wishing to testify, the Chair closed public testimony.

 

Senate Bill 871 was left pending.

 

At 3:37 p.m., the Committee stood recessed.

 

At 3:47 p.m., the Committee reconvened.

 

The Chair laid out SB 809, which had been previously left pending.

 

Senator Janek moved that SB 809 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nays, 1 absent and 0 present not voting. 

 

Senators West and Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 810, which had been previously left pending.

 

Senator Janek moved that SB 810 do not pass but that CSSB 810 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 absent and 0 present not voting. 

 

Senator Janek requested that CSSB 810 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senators Patrick, West and Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 871, which had been previously left pending.

 

Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Uresti moved that SB 871 do not pass but that CSSB 871 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 absent and 0 present not voting. 

 

Senator Uresti requested that CSSB 871 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senators Patrick, West and Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 943, which had been previously left pending.

 

Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Janek moved that SB 943 do not pass but that CSSB 943 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 absent and 0 present not voting. 

 

Senators Patrick, West and Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

At 3:53 p.m., Senator Deuell assumed the Chair.

 

The Chair laid out SB 1187, which had been previously left pending.

 

The Chair laid out the committee substitute to SB 1187, and recognized Senator Nelson.

 

Senator Nelson moved adoption of the Committee Amendment 1 to SB 1187, which had been previously laid out; without objection, it was so ordered.

 

Senator Nelson moved adoption of the committee substitute as amended; without objection, it was so ordered.

 

Senator Nelson requested unanimous consent to incorporate the amendment into a committee substitute and that the new committee substitute be adopted; without objection, it was so ordered.  Senator Nelson moved that SB 1187 do not pass but that CSSB 1187 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 absent and 0 present not voting. 

 

Senator Nelson requested that CSSB 1187 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senators Patrick, West and Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 1696, which had been previously left pending.

 

Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered.

 

CSSB 1696 was left pending.

 

The Chair laid out SB 1734, which had been previously left pending.

 

Senator Nelson moved adoption of Committee Amendment 1, which had been previously laid out; without objection, the amendment was adopted. 

 

Senator Nelson requested unanimous consent to incorporate the amendment into a committee substitute and adopt the new committee substitute; without objection, it was so ordered. 

 

Senator Nelson moved that SB 1734 do not pass but that CSSB 1734 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 absent and 0 present not voting. 

 

Senator Nelson requested that CSSB 1734 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senators Patrick and West requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

Senator Zaffirini announced her request to be shown voting aye on SB 809, CSSB 810 and CSSB 871, CSSB 943 and CSSB 1187; without objection, it was so ordered.

 

At 3:58 p.m., Senator Nelson resumed the Chair.

 

The Chair laid out SB 450, which had been previously left pending, and recognized Senator Uresti.

 

Senator Nelson moved adoption of the committee substitute to SB 450, which had previously been laid out; without objection, it was so ordered.

 

Senator Uresti moved that SB 450 do not pass but that CSSB 450 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nays, 1 absent and 0 present not voting. 

 

Senator Uresti requested that CSSB 450 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 723, which had been previously left pending.

 

Senator Deuell moved that SB 723 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 8 ayes, 0 nays, 1 absent and 0 present not voting. 

 

Senator Deuell requested that SB 723 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator West requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

At 4:02 p.m., Senator Deuell assumed the Chair.

 

The Chair laid out SB 758, which had been previously left pending, and recognized its author, Senator Nelson.

 

Senator Shapleigh sent up Committee Amendment 1 and explained the amendment.

 

Senator Nelson moved to table Committee Amendment 1; there was objection.  With a record vote of 5 ayes, 4 nays, 0 absent and 0 present not voting, the motion to table Committee Amendment 1 prevailed. 

 

Senator Shapleigh sent up Committee Amendment 2 and explained the amendment.

 

Senator Nelson moved to table Committee Amendment 2; there was objection.  With a record vote of 5 ayes, 4 nays, 0 absent and 0 present not voting, the motion to table Committee Amendment 2 prevailed.

 

The Chair announced Senator West's request for unanimous consent to be shown voting aye on CSSB 943, CSSB 810, SB 809, CSSB 1187, CSSB 871, CSSB 1734, CSSB 450 and SB 723; without objection, it was so ordered.

 

Senator Patrick announced his request to be shown voting aye on CSSB 810, CSSB 871, CSSB 943, CSSB 1187 and CSSB 1734; without objection, it was so ordered.

 

Senator Uresti sent up Committee Amendment 3 and explained the amendment. 

 

Committee Amendment 3 was withdrawn.

 

Senator Uresti sent up Committee Amendment 8 and explained the amendment. 

 

Senator Deuell moved adoption of Committee Amendment 8; without objection, the amendment was adopted. 

 

Senator Uresti sent up Committee Amendment 4 and explained the amendment. 

 

Senator Deuell moved adoption of Committee Amendment 4; without objection, the amendment was adopted. 

 

Senator Uresti sent up Committee Amendment 5 and explained the amendment. 

 

Senator Deuell moved adoption of Committee Amendment 5; without objection, the amendment was adopted. 

 

Senator West sent up Committee Amendment 6.

 

Committee Amendment 6 was withdrawn.

 

Senator West sent up Committee Amendment 6a and explained the amendment. 

 

Senator Deuell moved adoption of Committee Amendment 6a; without objection, the amendment was adopted. 

 

Senator Uresti sent up Committee Amendment 7 and explained the amendment. 

 

Committee Amendment 7 was withdrawn.

 

Senator Uresti sent up Committee Amendment 9 and explained the amendment. 

 

Senator Deuell moved adoption of Committee Amendment 9; without objection, the amendment was adopted. 

 

Senator Patrick sent up Committee Amendment 10 and explained the amendment. 

 

Committee Amendment 10 was withdrawn.

 

Senator Patrick sent up Committee Amendment 10a and explained the amendment. 

 

Committee Amendment 10a was withdrawn.

 

Senator Patrick sent up Committee Amendment 11 and explained the amendment. 

 

Committee Amendment 11 was withdrawn.

 

Senator Nelson requested unanimous consent to incorporate the adopted amendments to SB 758 into a committee substitute and that the new committee substitute be adopted; without objection, it was so ordered. 

 

CSSB 758 was left pending.

 

At 4:53 p.m., Senator Nelson resumed the Chair.

 

The Chair laid out SB 813, which had been previously left pending.

 

Senator Janek requested unanimous consent to incorporate Committee Amendment 1, which was previously adopted, into a committee substitute; without objection, it was so ordered.  Senator Janek moved that the new committee substitute be adopted; without objection, it was so ordered.

 

Senator Janek moved that SB 813 do not pass but that CSSB 813 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 absent and 0 present not voting. 

 

Senator Janek requested that CSSB 813 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 870, which had been previously left pending.

 

Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Uresti moved that SB 870 do not pass but that CSSB 870 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 absent and 0 present not voting. 

 

Senator Uresti requested that CSSB 870 be recommended for placement on the Local and Uncontested Calendar; without objection, it was so ordered.

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair laid out SB 1457, which had been previously left pending.

 

Senator Uresti moved adoption of Committee Amendment 1, which had been previously laid out; without objection, the amendment was adopted. 

 

Senator Uresti requested unanimous consent to incorporate the amendment into a committee substitute; without objection, it was so ordered.  Senator Uresti moved that the new committee substitute be adopted; without objection, it was so ordered.

 

Senator Uresti moved that SB 1457 do not pass but that CSSB 1457 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 absent and 0 present not voting. 

 

Senator Uresti requested that CSSB 1457 be recommended for placement on the Local and Uncontested Calendar; there was objection.

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

The Chair laid out SB 409, which had been previously left pending.

 

Senator Nelson moved adoption of the committee substitute; without objection, it was so ordered.

 

Senator Janek moved that SB 409 do not pass but that CSSB 409 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 absent and 0 present not voting. 

 

Senator Zaffirini requested unanimous consent to be shown voting aye; without objection, it was so ordered.

 

The Chair announced Senator Zaffirini's request for unanimous consent to be shown voting aye on CSSB 813, CSSB 870, CSSB 1457 and CSSB 409; without objection, it was so ordered.

 

There being no further business, at 5:08 p.m. the Chair announced that the Committee would stand recessed subject to the call of the Chair. 

 

 

_____________________________

Senator Jane Nelson, Chair

 

 

 

_____________________________

Tiffany Arrington, Clerk